PIL Session 12 WS22/23

Which of the following are circumstances precluding wrongfulness?

• fury, outrage and aggression

• countermeasures, force majeure and self-defense

• accident, self-defence, and force majeure

• countermeasures, sef-defense and aggression

In a situation of distress an act might be rightful since…

• the situation is quite stressful after all

• an irresistible force or unforeseen event occurred

• an essential interest must be safeguarded against a grave & imminent peril

• the author’s life is endangered

Countermeasures are aimed at ...

• obtaining a better economic position

• making people suffer as much as possible

• inducing the other state to comply with its duties

• increasing the power of the aggressor

Countermeasures are prohibited if they violate....

• jus cogens norms (e.g. prohibition of the use of force)

• national law

• the SDG's.

• the code of conduct of the UNSC

The consequence of an internationally wrongful act (Art. 28 et subseq. ASR) ...

• is the emergence of a new rule of customary law

• must be decided by the UN Security Council

• is its cessation, non-repetition and reparation

• is to be unilaterality decided by the inured party

One form of reparation is, for example, …

• bribe money for the head of state

• compensation

• convocation of a conciliation procedure

• the conclusion of a free trade agreement

One may differentiate ... and ... methods of peaceful dispute settlement.

• good / extreme good

• diplomatic / legal

• effective / legal

• diplomatic / fraudulent

The basics of the peaceful settlement of disputes can be found in…

• the UNC, the Friendly Relations Declaration and National Law

• Art. 1(1), 2(3) and Chapter VII of the UNC

• the UNC, the Friendly Relations Declaration and numerous other treaties

• Art. 1(1), 2(3), 33(1) and Chapter VII of the UNC 

The chief distinction between arbitration and adjudication is…

• the degree of control exercised by the parties

• that adjudication is legally binding

• the quality of the judgments

• that arbitration is legally binding

In international arbitration, States may, in principle, choose the… as well as the....

• pen / sword

• Bible / Torah

• location / weapons

• arbitrators / procedural and substantive law